Hossu rape trial: Jury asks for definition of 'reasonable doubt'

As jurors weigh rape charges against Alexandru Hossu, they asked Tuesday morning to hear the controlled phone call the alleged victim made to Hossu at the request of investigators.

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Alexandru Hossu is led into Southeast town court for a hearing May 21, 2013. Hossu, the personal trainer of Putnam County District Attorney Adam Levy, is being held on a rape charge. ( Frank Becerra Jr / The Journal News )(Photo: Frank Becerra Jr./The Journal News)Buy Photo

The request, which will be addressed when deliberations resume Wednesday morning, came after hearing hours of testimony read back to them and reviewing evidence, including re-listening to the phone call the accuser made to Hossu at the request of investigators last March.

Jurors also reviewed the girl's account of the attack and testimony by the prosecution's medical expert, and asked for photographs of Hossu and of the Brewster home where the teen claims he raped her twice in one night in October 2010.

In the 17-minute controlled call, recorded by Putnam County sheriff's investigators without Hossu's knowledge, Hossu denied assaulting the girl. He dismissed her allegations as "ridiculous" and said, "I never touched you in an inappropriate manner."

The prosecution's medical expert, Dr. Jennifer Canter, director of child abuse pediatrics at Westchester Medical Center, had testified the girl could have been injured during an attack, even though she had a normal gynecological examination two and a half years later.

Defense lawyers had provided their own witness, Dr. Phyllis Dunn Weiner, an expert in child sexual abuse, who reviewed the girl's medical records and said she would have expected to see "remnants of an injury" after a "forcible, traumatic rape with bleeding and pain" that by the teen's account lasted more than three hours.

In their note to Judge Lester Adler, jurors also requested details on where the girl's brother was during the attack, information about her grand jury testimony, her activities the day after the attack, and phone records. They also asked to review any testimony about a phone call she made to Hossu to wish him a happy birthday in December 2010, just two months after she said the rape took place. The girl said her mother was driving at the time and had asked her to make the call.

Hossu, 36, is Putnam County District Attorney Adam Levy's former live-in personal trainer and was the girl's mother's boyfriend at the time. Her mother and brother were both home the night of the attack, she testified, saying she woke her mother and told her about it.

With no forensic evidence, the prosecution's case depends heavily on the high school junior's testimony.

The girl testified that Hossu "snapped" and grabbed her math homework from her lap, tossing it on the floor when she told him she didn't want his help. He choked her and raped her for three hours, she said.

She described being left in excruciating pain, with blood all over her bed. She later told a boyfriend, a school social worker, and an aunt her account, but it wasn't until March 11, 2013, that she made the allegations to police.

Nancy Kerzner of Dutchess County, a friend of Hossu's who attended the trial, said Tuesday she believes he is innocent.

"He didn't do this," she said. "He's a good guy. He's been through a lot. Hopefully, he's going to be vindicated."